A demolition order was carried out by council on permitted development outbuildings constructed just under 4 years from date of order. Prior to demolition, neighbours were consulted to find out if they objected to their presence. No objections were raised. Despite absence of any objection, council instructed their contractors to carry out demolition at a substantial cost. Adjacent neighbouring property granted certificate of lawful use to construct similar outbuilding measuring 60 square meter prior to demolition of the ones in question. Last year an application was submitted to obtain certificate of lawful use to construct a similar development and was refused on grounds that the foundation has to be completely removed before considering the application. We feel that the demolition order was unreasonable, contradict the guidelines set out under permitted development and lacks professionalism. Prior to demolition, we urged council to allow alteration of development to avoid incurring substantial costs. They unreasonably refused and allowed similar developments to be constructed few meters away. If this matter goes to Court, the council would have a hard time trying to justify the demolition of lawfully developed outbuildings and their refusal to allow alterations to take place, negotiating alternative ways to resolve amicably. This prejudice, lack of professionalism, inconsistency and misleading guidelines would be hard to deny. Any ideas how to pursue a claim against the council? Thanks
Implausible demolition order by Council
Collapse
Loading...
X
-
Re: Implausible demolition order by Council
Hi and welcome.
I'm a bit confused (which others here will tell you is quite often!)
Did this building have a certificate of lawful development, or was it just erected on the builder's understanding of what constituted lawful development?
What grounds were given for the demolition order?
I think your first sentence means the buildings were demolished by the council within four years of their construction. Is my understanding correct?.
The application for retrospective planning permission was refused "because the foundations needed to be removed"??? That makes a nonsense of retrospective planning applications!! to remove foundations will mean complete demolition anyway1
Was an appeal lodged against the demolition order? If so on what grounds and why was it declined?
Perhaps you could post up any documentation so we can ascertain exactly what has happened.
Remove any identifying information first
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Announcement
Collapse
No announcement yet.
Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
Loading...
Loading...
Comment